RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01603
		INDEX CODE:   107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

The award is not listed on his DD Form 214.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

During the time period in question, the applicant enlisted in the Regular Air Force on 7 November 1966.  He was honorably released on 3 November 1970 in the grade of sergeant under the provisions of AFM 39-10.  Subsequently, the applicant served in the Air Force Reserves, Army Reserves, and the Hawaii Air National Guard.

According to the applicant’s DD Form 214 - Armed Forces of the United States Report of Transfer or Discharge, with a separation date of 3 November 1970, he received the following decorations and citations:  National Defense Service Medal (NDSM), Vietnam Service Medal with One Bronze Service Star (VSM w/1BSS), Republic of Vietnam Campaign Medal (RVCM), and the Air Force Commendation Medal (AFCM).

On 27 March 2003, a Department of Veterans Affairs Rating Decision indicates the applicant is receiving compensation for the following:

	  Residuals, head injury, with headaches:  0% from 29 October 1973, 10% from 12 September 1975, and 50% from 24 May 1999.

	  Post Traumatic Stress Disorder (PTSD):  30% from 21 January 2000.

	  Left shoulder injury (minor):  10% from 24 August 1994 and 20% from 22 January 2001.

	  Keloid scar, left shoulder (minor):  10% from 27 December 1972, 0% from 1 February 1983, and 10% from 2 October 1997.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the documentation submitted is the same documentation submitted on the applicant’s previous request.  To be awarded the PH, a member must provide documentation to support his claim that the wounds were a direct result of enemy action and must have received medical treatment by medical personnel.  These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 August 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  The applicant’s contentions are duly noted; however, after thoroughly reviewing the applicant’s submission, the Board is not persuaded he should be awarded the Purple Heart Medal.  The PH is awarded for wounds received as a direct result of enemy action and must have received medical treatment by medical personnel.  These include, but are not limited to injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.  There is no indication in the applicant’s records to substantiate he had been injured as a direct result of enemy action.  It appears the applicant’s previous request for award of the PH Medal was considered and denied by the Purple Heart Board.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01603 in Executive Session on 4 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 May 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 4 August 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 13 August 2004.